Western Kansas world. [volume] (WaKeeney, Kan.) 1885-current, 1887-07-09
THE TWO SIDES.

Geo. Pi1khaM, wax eeney, han.,
DEAR SIR:-In reply to your letter OF
June q, would state that L have had a
conversation with Mr.. A. L. Williams,
the general attorney of the company in
this state, and from him have obtained
the following facts, which you can rely
upon:
First: The act under which it is at.
tempted to place these lands upon the
tax list is Chapter 764 of the Session
Laws of 1886, being the first session laws
of the 49th Congress. An examination of
this act / am sorry that I have not a
copy to send you will surely convince
you, and ought to convince the commits
sioners, that there is no authority given
thereby to place the lands upon the tax
list, and that doing so would only lead to
an unnecessary law suit. The act is one
OF those bunglfng pieces of legislation
which accomplishes nothing, and can
accomplish nothing.
Second: The supreme court of the
United States, in the case of Railway
Company VS.. Prescott, 18th Wallace,
page Cos, expressly declares that these
lands are not taxable, for two reasons:
LIST. Because no patent has been issued.
In regard to that, the supreme court
say that while it is true that it is not
necessary that the patents shall actually
have issued, it is equally true that the
right to the patent must have been COM
plete, and the equitable title have vested
equitable title is not complete in us, nor
in our right to the patent until we have
paid the fees of recording, and no act of
congress can change this decision of the
supreme court.
Even if it could, however, in regard to
this one particular thing, it can not
overcome the second point made by the
supreme court of the United States, to-
wit: The proviso in the act granting
the lands, that if they are not sold within
a certain length OF time, they shall be
open to the actual settler under the same
laws which govern the right of pre-
emption under government lands, and at
the same price, and in regard thereto the
supreme court says, on page 6O9, 10th
Wallace:
$40 pre-empt these lands to parties
under a title derived from the state for
taxes would certainly defeat this intent
of congress. 1t makes no difference in
the force of the principle that the money
paid by the settler goes to the company.
The lands which the act of congress de-
clares shall be open to pre-emption and
sale by tax title and possession under
1t, and it is not necessary to say that the
company which might have paid the
taxes gets the price paid by the settler"
This would seem to me so conclusive
as to require no further argument. I
sincerely trust that this company will not
be put to the necessity of bringing a
suit to restrain the collection of these
taxes. Yours respectfully,
G. VEALE, Tax Agent.
Now, elections are held upon the prin-
ciple that voters actually do their own
thinking. Therefore, we believe that we
are doing the fair thing by publishing
this letter of Col. Veale's. As the tax
agent of this railroad, the colonel would
be expected TO take the position which he
does. Several elements enter into the
consideration of this question. The very
first Of these is the enquiry whether con-
gress can make law to control subject
which congress itself originated. If it
can do as easy thing as this would ap-
pear upon its face to be, it has done so.
Here is the law which Col. Veale cites as
Zone of those bungling pieces of legisla-
tion," ETC.:
AN ACT to provide for taxation of rail
road-grant lands, and for other pur-
poses.
Be IL enacted, etc, That no lands grant
ed to any railroad corporation by any act
of congress shall be exempt from taxation
by States, Territories, and municipal
corporations on account of the lien of the